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may 1990

Supreme Court of India · 1990-05-14

SYED FAROOQ MOHAMMAD vs UNION OF INDIA AND ANR.

Citation / case number
SC 1990/77003
Court
Supreme Court of India
Petitioner
SYED FAROOQ MOHAMMAD
Respondent
UNION OF INDIA AND ANR.
Author
B.C. RAY
Bench
B.C. RAY

Judgment text excerpt

The Supreme Court upheld the detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, ruling that a 'live and proximate link' must exist between the grounds of detention and its purpose. The Court clarified that a long delay in arrest can be excused if it results from the detenu's evasive conduct. Additionally, the Court found that the non-supply of certain documents did not prejudice the detenu's right to make an effective representation under Article 22(5) of the Constitution, and the counter affidavit's validity was upheld despite not being sworn by the detaining authority himself.

SYED FAROOQ MOHAMMAD vs UNION OF INDIA AND ANR. · Niyam